Page:United States Statutes at Large Volume 76A.djvu/527

–431– -431If the conspiracy is to commit a felony for which the maximum penalty of imprisonment in the penitentiary is greater than three years, each conspirator shall be pimished in the same manner and to the same extent as is provided for punishment of the felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court shall determine the degree of the felony which the defendants conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree. If the conspiracy is to commit two or more felonies which have different punishments, the punishment for the conspiracy shall be that prescribed for the felony which has the greater maximmn term. § 632. Necessity for overt act; exceptions; pleading and proof (a) An agreement, except to commit a felony upon the person of another or to commit arson or burglary, does not amount to conspiracy unless an act beside the agreement is done to effect the object thereof by one or more of the parties to the agreement. (b) Upon a trial for conspiracy, where an overt act is necessary to constitute the offense, the defendant may not be convicted unless one or more overt acts are expressly alleged in the information, nor unless one of the acts alleged is proved; but other overt acts not alleged, but connected with the offense charged, may be given in evidence. CHAPTER 33--CONTEMPTS Sec. 661. Power of courts to punish for contempt. 662. Contempts constituting crimes; limitations. 663. Jury trial of contempts charged under section 662.

§ 661. Power of courts to punish for contempt Each court may punish, by fine or imprisonment in jail or in the penitentiary, at its discretion, such contempt of its authority as: (1) misbehavior of a person in its presence or so near thereto as to obstruct the administration of justice; (2) misbehavior of any of its officers in their official transactions; or (3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. § 662. Contempts constituting crimes; limitations (a) Whoever willfully disobeys a lawful writ, process, order, rule, decree, or command of a court of the Canal Zone by doing an act therein, or thereby forbidden, if the act or thing done be of such character as to constitute also a criminal offense under a statute of the United States, or under this Code, shall be punished by fine or imprisonment in jail, or both. (b) A fine imposed pursuant to subsection (a) of this section shall be paid into court and disposed of in the same manner as other fines are disposed of, or shall be paid to the complainant or other party injured by the act constituting the contempt, or may, where more than one is damaged, be divided or apportioned among them, as the court directs. (c) If the accused is a natural person, and if the fine imposed upon him by the district court is not to be paid to the complainant or other party injured by the act constituting the contempt, the fine may not exceed the sum of $1,000; and the imprisonment imposed by the district court under this section may not exceed the term of 180 days. (d) A magistrate's court may not impose a fine in excess of $100, or impose a term of imprisonment in excess of 30 days in any case under subsections (a) and (b) of this section.

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